Easement Agreement

COLORADO EASEMENT AGREEMENT

Recordable event: CREATION AND CONVEYANCE OF EASEMENT

Recording Information

C.R.S. § 38-35-106.5 requires the name and address of the person who created a new legal description in an instrument executed and recorded on or after July 1, 1992. Section 38-35-122 requires an available street address or comparable identifying number adjacent to the legal description as an aid to identification, but the legal description governs any variance or ambiguity.

1. Parties and Property

Grantor / Servient Owner: [FULL LEGAL NAME AND CAPACITY]

Grantee / Easement Holder: [FULL LEGAL NAME AND CAPACITY]

Servient Estate: the Colorado real property described in Exhibit A.

Dominant Estate, if any: the Colorado real property described in Exhibit B.

Easement Area: the area described in Exhibit C and shown on any attached survey or drawing.

Current title instruments: [COUNTY / RECEPTION NUMBER / BOOK AND PAGE]

C.R.S. § 38-30-101 authorizes a person or entity entitled to hold real estate or an interest in it to convey that interest by deed.

2. Consideration and Title Treatment

Consideration paid or exchanged: [________________________________].

Select the title treatment reviewed for this transaction:

☐ No express title warranty. Grantor creates and conveys only the easement expressly described in this Agreement, without an express representation or warranty of title, priority, fitness, or noninterference.

☐ Express limited title statement: [________________________________].

☐ Other treatment approved by Colorado title counsel: [________________________________].

C.R.S. § 38-30-113 assigns legal consequences to the selected deed form and warranty words. Do not use “warrant(s) the title,” “special warranty,” quitclaim, marketable-title, lien-free, or superior-priority language unless counsel intends the statutory or other legal effect and current title evidence supports it.

3. Creation, Classification, and Scope

For the consideration stated above, Grantor creates and conveys to Grantee the easement described in this Agreement over the Easement Area.

The parties intend the easement to be:

☐ Appurtenant to the Dominant Estate identified in Exhibit B

☐ Held by the named Grantee without a Dominant Estate

☐ Exclusive, but only to this stated extent: [________________________________]

☐ Nonexclusive

Purpose:

☐ Ingress and egress

☐ Utilities — identify type: [________________________________]

☐ Drainage

☐ Parking

☐ Construction or temporary access

☐ Conservation — use a separately reviewed conservation-easement instrument if Article 30.5 applies

☐ Other: [________________________________]

Permitted users and benefited parcels: [________________________________]

The exact rights created are:

[____________________________________________________________]

State the width, location, surface, subsurface and air rights, frequency, vehicle or utility types, gates, parking, staging, vegetation work, lateral support, relocation, and expansion rights. A generic purpose label does not add unstated rights under this form.

4. Duration and Commencement

Commencement: [__/__/____] or upon [________________________________].

☐ Perpetual, subject to a legally sufficient termination route

☐ Fixed term ending [__/__/____]

☐ Other duration or stated condition: [________________________________]

Any expiration condition must be objective, capable of proof, and coordinated with the record-clearing provisions in Section 10.

5. Use Standards and Reserved Rights

Grantee may use the Easement Area only for the stated purpose and within the stated scope.

Access hours or operational limits: [________________________________]

Construction and installation standards: [________________________________]

Permits and governmental approvals allocated to: [________________________________]

Restoration after work: [________________________________]

Grantor's retained use, so long as it does not interfere with the express easement rights: [________________________________]

Prohibited uses: [________________________________]

Relocation, if any, requires: [WRITTEN CONSENT / CONDITIONS / COST ALLOCATION / NEW DESCRIPTION / RECORDED AMENDMENT].

6. Maintenance, Costs, and Risk Allocation

This form does not impose a fixed insurance limit, indemnity, liability cap, consequential-damages exclusion, or force-majeure allocation. Any negotiated provision must identify the covered conduct, claims, parties, insurance interaction, survival, and nonwaivable limits:

[____________________________________________________________]

7. Title, Priority, Homestead, and Consent Gate

• ☐ Current title evidence identifies every owner of the Servient Estate and any Dominant Estate.
• ☐ The legal descriptions and Easement Area were prepared or reviewed by a qualified Colorado land surveyor or title professional.
• ☐ Existing easements, restrictions, leases, mineral interests, water rights, utilities, possession rights, and access rights were reviewed.
• ☐ Each mortgagee, deed-of-trust beneficiary, lienholder, tenant, co-owner, association, governmental entity, and other person whose consent, subordination, joinder, or approval may be required has been identified.
• ☐ The intended priority against existing and future interests is documented.
• ☐ Zoning, permitting, environmental, drainage, utility, road-access, subdivision, and local recording requirements were reviewed.

C.R.S. § 38-35-109(1) permits recording in the county where the real property is situated and states Colorado's race-notice rule. Recording does not establish ownership, authority, adequate descriptions, required consent, lawful purpose, or priority over an earlier interest.

Homestead Review

Colorado's homestead signature rules require a record review. C.R.S. § 38-35-118(1) generally calls for both spouses to execute a conveyance or encumbrance of homesteaded property, subject to § 38-41-202(3). Under § 38-41-202(3), automatically created homestead rights may be cleared by the owner's signature alone; under subsection (4), a recorded homestead instrument makes both spouses' signatures necessary.

☐ No homestead interest affects the Servient Estate.

☐ Homestead rights arise only automatically and counsel confirmed the owner-signature route.

☐ A homestead instrument was recorded or may have been recorded; obtain both spouses' signatures if required.

☐ Homestead or marital status is uncertain and must be resolved before execution.

8. Transfer, Benefit, and Burden

The intended transfer rules are:

[____________________________________________________________]

Identify whether and how the benefit may be assigned, divided, licensed, or used by affiliates, contractors, customers, tenants, or successors. No assignment or successor clause expands the physical scope or purpose stated in Section 3.

The parties intend obligations affecting the Servient Estate to be stated precisely in the recorded instrument. Colorado title counsel must determine their effect on later owners. Notice procedure, if desired: [________________________________].

9. Breach and Remedies

Notice address and method: [________________________________]

Cure period, if appropriate: [________________________________]

Available remedies remain subject to applicable law and proof. This Agreement does not make injunctive relief, specific performance, attorney fees, self-help, damages, waiver of security or bond, arbitration, exclusive forum, or jury waiver automatic.

Negotiated remedies or dispute terms, if any, must be separately drafted and reviewed:

[____________________________________________________________]

A breach notice, default declaration, bankruptcy event, period of nonuse, or one party's recorded affidavit does not terminate or erase the easement under this form.

10. Amendment and Termination

This easement may be amended or terminated only through a legally sufficient route applicable to every estate and interest then existing, followed by recording when needed to protect title.

Potential routes selected and drafted by counsel:

☐ Recorded release signed and acknowledged by the current easement holder and every other required person

☐ Recorded agreement signed and acknowledged by all required current owners and holders

☐ Stated fixed expiration or condition: [________________________________]

☐ Recorded court order or judgment

☐ Other legally reviewed route: [________________________________]

This form does not declare that nonuse alone, breach, bankruptcy, transfer, a private affidavit, condemnation, or common ownership automatically clears title. Colorado counsel must analyze any claimed termination and prepare the recordable evidence.

11. Recording and Description Review

C.R.S. § 38-35-109 permits an agreement or other writing affecting real-property title to be recorded with the county clerk and recorder where the property is situated. Subsection (2) requires a deed recorded under that section to note the grantee's legal address.

Before presentation for recording, Colorado counsel or the closing professional shall confirm:

• current county formatting, margin, indexing, return-address, parcel, cover-sheet, original-signature, and electronic-recording requirements;
• the grantee address, property address, assessor information, and legal-description-creator information required for the selected instrument;
• recording fees and any documentary, transfer, or tax treatment;
• the recordable event and names and capacities used in indexing fields;
• every consent, joinder, subordination, release, and referenced exhibit; and
• that each acknowledgment matches the signer's actual individual or representative capacity.

12. Execution

Grantor

Signature: ________________________________________

Printed legal name: [________________________________]

Capacity: [________________________________]

Marital and homestead status: [________________________________]

Date: [__/__/____]

Grantor's Spouse — Homestead Joinder, If Required

Signature: ________________________________________

Printed legal name: [________________________________]

Date: [__/__/____]

Grantee — Acceptance of Express Obligations

Signature: ________________________________________

Printed legal name: [________________________________]

Capacity: [________________________________]

Legal address: [________________________________]

Date: [__/__/____]

Colorado Acknowledgment Certificate

Use a certificate completed for each signer whose acknowledgment is required for the intended recording. The acknowledging officer may replace this draft with another certificate complying with current Colorado law.

State of Colorado

County of [________________________________]

The foregoing instrument was acknowledged before me on [__/__/____] by [SIGNER NAME], acting as [INDIVIDUAL / REPRESENTATIVE CAPACITY] for [PRINCIPAL OR ENTITY, IF ANY].

Witness my hand and official seal.

Officer signature: ________________________________________

Title of officer: [________________________________]

Commission expiration, if applicable: [__/__/____]

C.R.S. § 38-35-101 supplies a substantial acknowledgment form for an instrument affecting real-property title and requires identity proof known to the acknowledging officer. If a notary public takes the acknowledgment, the commission-expiration date must appear on the certificate.

Exhibit A — Servient Estate

[FULL LEGAL DESCRIPTION]

Street address or comparable identifying number adjacent to the description: [________________________________]

Exhibit B — Dominant Estate, If Any

[FULL LEGAL DESCRIPTION OR “NOT APPLICABLE”]

Street address or comparable identifying number adjacent to the description: [________________________________]

Exhibit C — Easement Area

[METES-AND-BOUNDS OR OTHER RECORDABLE DESCRIPTION]

New legal description created by: [NAME AND ADDRESS]

Attach any reviewed survey or drawing and confirm that the text and drawing do not conflict.